CAG Review of Flood Control measures in Bihar: When will Auditors learn about ecology?

Recently tabled CAG (Comptroller and Auditor General of India) audit report on Bihar contains a performance review of implementation of flood control measures[i] in this most flood prone state. Most of the rivers in North Bihar originate in the Himalayan range in Nepal and cause floods in downstream Bihar with recurrent frequency. 73 percent of geographical area in Bihar is said to be under the threat of flood every year and 16.5 percent of total flood affected areas of India is located in this state.

On reading this performance review, one gets an idea of how CAG audit teams’ knowledge base on flood issue in Bihar relied heavily on Ganga Flood Control Commission (set up by Government of India in April 1972) recommendations, Bihar Flood Management Rules of 2003, Guide on Flood Management Programmes issued by Govt of India etc. However, the performance audit fails to draw upon the numerous writings by Dinesh Mishra of Barh Mukti Abhiyan (Freedom from Floods campaigns) and others. The performance audit also fails to draw upon the recommendations in the civil society fact finding mission following the massive floods due to Kosi embankment breach at Kusaha in Nepal[ii], Kosi Deluge: the Worst is Still to Come.

So when a performance audit report fails to draw upon the writings from ecologists and environmental historians, what recommendation flows from it? The same that would have flowed from the various official Ganga Flood Control Commission (GFCC) reports: build high dams in Nepal to trap the silt, at Barah Kshetra and on the tributaries of the river Kosi, a reservoir with adequate flood cushion at Noonthore on the Bagmati river, three dams over the river Gandak and a multipurpose reservoir at Chisapani on the river Kamla Balan. It is out of this blind faith in looking at high dams as providing flood control and flood cushion solution that CAG audit raised an audit observation that Bihar had failed to prepare even the Detailed Project Report on these proposed dams. The reply that state flood control department filed in November 2012 stated that a Joint Project Office was established at Biratnagar (Nepal) to study the feasibility of proposal of dam on Bagmati, Kamla Balan and Kosi rivers and the DPR of dam at Barah Kshetra was expected to be prepared by February 2013. The audit could have raised the question about the appropriateness of spending money on such futile exercise.

Misplaced faith in structural solutions Dinesh Mishra responds to this fallacy of the auditors stating, “The CAG report repeats what is told to it by the Govt. of Bihar (GoB) as the long term plan that was proposed for the first time in 1937 and nearly eight decades later the proposal is still under ‘active’ consideration of the two governments. Neither the GoB nor the CAG brings out this fact that there is massive resistance to any dam building in Nepal and more so if it is done by India. That is the reason why it has taken 16 years to work on the DPR so far without getting the same ready for any negotiation.” Dinesh Mishra adds, “There is no talking about seismicity, downstream impacts of large dams and strategic defence of the dam itself. We are not sure whether these structures would ever be built, but it is a carrot dangled before the flood victims of the state as if once the dam is built, all the flood problems of the state will be solved” (emphasis added).

No review of reasons for the Kosi disaster of 2008 Also missing from performance review are references to reasons for massive floods in the year 2008 following the breach in Kosi embankment at Kusaha and the pending recommendations by the still ongoing enquiry committee of Kosi High Level Commission. The audit fails to go indepth into how improper maintanance of the embankment lead to this flood disaster, who were responsible for improper maintanance and what system is needed to ensure such blunders are not repeated in future. The audit could have also gone into the role played by GFCC, Kosi High Level Committee and others in the Aug 2008 Kosi flood disaster. The audit continues to display an understanding that looks at more and more embankments straight jacketing the river, or unproved technological remedies such as Intra Linking of Rivers as potential solutions. Hence it raises questions on the non-completion of DPRs on Intra-linking of rivers and on completion of only 61.47 kms embankment against the target of 1535 kms as envisaged in the 11th Five Year plan.

Need to audit CWC’s flood forecasting performance The audit report does however mention those long term non-structural measures, such as flood plains zoning bill and establishment of flood forecasting units at field levels in upstream Nepal that were also recommended in 2004 by GFCC. The audit scrutiny showed that the state water resource dept had failed to enact flood plain zoning bill as well as in establishing flood forecasting units at field levels in all 16 test checked divisions out of 60 flood control divisions. The Audit should have also looked at the quality and use of flood forecasting by the state government and central agency like the Central Water Commisssion. CWC’s flood forecasting and its role in other aspects of flood management in Bihar also need a performance appraisal urgently. The Role played by Farakka Dam in creating backwater effect in Bihar, thus prolonging the flood duration in Bihar and also increasing the height of floods is another aspect that needs scrutiny.

Non implementation of Flood Plain Zoning Bill The flood plain zoning bill would have provided framework for regulation of development activities with the help of flood management maps. In November 2012, replying to this audit observation, department sought to justify its inaction by arguing that flood plain zoning is “impracticable and hindrance in the pace of development of state”. In the wake up of recent disaster in Uttarakhand, Bihar as well as other states would do well to give up on this misconceived tactic of shooting down any advocacy for environmental regulations by terming it as arresting ‘the pace of development’.

Bihar evaluating detention basin DPRs? The audit also pointed out that the suggestion of creating detention basins, i.e. adapting natural depressions/ swamps and lakes for flood moderation was not implemented by the dept as they had neither identified any sites nor released any funds to any divisions to undertake this work during 2007 to 2012. When this was pointed out by CAG auditors, the dept replied in August 2012 claiming that the DPRs of detention basins was under evaluation and final plans would be prepared by December 2012. However, till February 2013, no further progress on this was communicated by dept.

The audit also observed very serious deficiencies in financial management by the department. During the five year period 2007 to 2012, the dept had failed to utilise 11 to 44 percent of the available funds mainly due to delayed/ non-sanctioning of the schemes, delay in land acquisition, opposition by local people and non-passing of bills by the treasuries. Worse still, audit scrutiny showed that the dept had made 30 allotments amounting to Rs 47.47 crore to divisions on the last day of financial year.

Audit scrutiny of flood protection scheme revealed that the contract management of the dept was deficient as was evident from the cases of non-publicity of tender, allotment of works to ineligible contractor, loss to government owing to undue favour extended to a particular contractor and loss of Rs 103 crore due to non-availing of the benefit of competitive bidding in execution of Bagmati extension scheme. Audit also noticed other deficiencies such as non adherence to flood calendar in 44 percent of test-checked works, infructuous expenditure worth Rs 68.50 crore in four test-checked divisions and excess payment of Rs 6.25 crore in two test-checked divisions. Audit also pointed out that dept had incurred an unfruitful expense of Rs 20.21 crore due to abandoning, closure/ postponement of zamindari bandh in two test-checked divisions.

The office of CAG of India has indulged in lot of talk around the idea of environmental auditing. An International Centre for Environment Audit and Sustainable Development was inaugurated at Jaipur in May 2013 and the office of the CAG of India has held a few consultations on environment auditing in recent past. However, performance reviews such as this one clearly points out the need for CAG auditors to equip themselves better in the realm of understanding the ecological aspects around flood, flood plains and flood management; rather than simply drawing up from the reports in official domain such as Ganga Flood Control Commission etc. Will the newly appointed head of India’s Supreme Audit Institution devote his labour to this urgent tak?

Himanshu Upadhyaya

(Author is a research scholar at Centre for Studies in Science Policies, JNU, New Delhi.)